The Eu After Lisbon: Amending Or Coping With The Existing Treaties?

Paperback | August 23, 2016

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The book contains a collection of high-quality academic and expert contributions dealing with the central question of whether the Lisbon Treaty needs further revision. Due to the difficulties European Union actors have encountered in implementing the Lisbon Treaty's reform and the inadequacies of the current legal framework brought to light by post-Lisbon practice, the volume focuses on possible innovations and functional approaches to improve the Union's response to the challenges confronting it.

In doing so, the volume first takes a horizontal approach to the Treaty' revision and considers some constitutional features showing the interaction between the EU and its Member States (namely, the parameters of constitutional developments, the allocation of competences, the principles of solidarity and loyal cooperation). Then, the focus shifts to the question of fundamental rights within the EU's constitutional framework, one of the most relevant innovations of the Lisbon Treaty being the incorporation of the Charter of Fundamental Rights into the Union's primary law. The last part of the volume is devoted to another domain significantly reshaped by the Lisbon reform, namely, the Union's external dimension. ECJ Advocate General Paolo Mengozzi's conclusions highlight the common themes emerging from the various contributions, stressing the need for a more general supranational approach to the political crisis the Union is going through.

The content of this book will be of great value to academics, students, judges, practitioners and all others interested in the legal discourse on the progressive development of the European Union legal order.

Lucia Serena Rossi is Professor of European Union Law and Jean Monnet Professor at theAlma Mater Studiorum- University of Bologna (Italy); Federico Casolari is Assistant Professor of International Law and Senior Lecturer of European Union Law at theAlma Mater Studiorum- University of Bologna (Italy).

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Table of Contents

Part I The European Union at Crossroads - General Issues on Treaties' Revision: 1. A New Revision of the EU Treaties after Lisbon?byLucia Serena Rossi.- 2. Parameters of Constitutional Development - The Fiscal Compact In Between EU and Member State ConstitutionsbyLeonard F.M. Besselink.- 3. The Allocation of Powers/Competences between the EU and the Member States - What Can We Learn From Pre-emption in the United States?byPaul Luif.- 4. Solidarity, Flexibility and the Euro-Crisis - Where Do Principles Fit In?byAlison McDonnell.- 5. EU Loyalty after Lisbon - An Expectation Gap to Be Filled?byFederico Casolari.- Part II Fundamental Rights after Lisbon: 6. The Charter of Fundamental Rights and the Court of Justice of the European Union - A First Assessment of the Interpretation of the Charter's Horizontal ProvisionsbyJean-Paul Jacqué.- 7. The Phenomenon of Reverse Discrimination - An Anomaly in the European Constitutional Order?byPeter Van Elsuwege.- 8. Access to Health Care in the Post-Lisbon Era and the Genuine Enjoyment of the EU Citizens' RightsbyGiacomo Di Federico.- Part III Revisiting the EU External Relations: 9. Revisiting the Lisbon Treaty's Constitutional Design of EU External RelationsbyJan Wouters and Thomas Ramopoulos.- 10. Coherence vs. Conferred Powers? The Case of the European External Action ServicebyMauro Gatti.- 11. Article 8 TEU and the Revision of the European Neighbourhood PolicybyMichele Comelli.- Part IV Conclusions: 12. ConclusionsbyPaolo Mengozzi.